Industry and Commerce Training Act 1979 (Qld)
Case
No judgment structure available for this case.
16 Q1tBE1tzIan• ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 4 of 1979 An Act to consolidate and amend the law relating to apprentices , to make provision for the industrial and commercial training of other persons and for incidental and other purposes [ASSENTED TO 9TH APRIL, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Industry and Commerce Training Act 1979. 2. Commencement . This Act shall commence on a date appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY, SS. 1-7; PART II-ADM INISTRATION, ss. 8-18;
Industry and Commerce Training Act 1979, No. 4 17 PART III-INDUSTRY AND COMMERCE TRAINING COMMISSION, ss. 19-35; PART IV-ADVISORY COMMITTEES, Ss. 36-61; Division I-Industry and Commerce Advisory Committees; Division 11Regional Advisory Committees; PART V-APPRENTICESHIP AND APPRENTICESHIP TRAINING, SS. 62-97; PART VI-MANPOWER PLANNING, PRE-APPRENTICESHIP AND PRE-VOCATIONAL TRAINING, ADULT AND OTHER TRAINEES AND TRAINING ESTABLISHMENTS, ss. 98-105; PART VII-GENERAL PROVISIONS, SS. 106-128; SCHEDULES. 4. Repeals and savings . (1) The Acts set forth in the first schedule (in this Act referred to as the "repealed Acts") are repealed. (2) (a) Every order, requirement, direction, consent, registration, certificate, approval, determination, notice, prohibition,, delegation or other act of authority made, given, granted, issued, done or otherwise originated under the repealed Acts and in force or subsisting immediately before the commencement of this Act shall continue in force as if it were made, given, granted, issued, done or otherwise originated under this Act until it expires by effluxion of time or is revoked or cancelled under this Act. (b) All indentures entered into under the repealed Acts and in force immediately before the commencement of this Act shall continue in force and have effect as if they had been entered into under this Act. (c) Every action or legal proceeding arising out of or taken with respect to any matter under the repealed Acts which action or proceeding was commenced before the commencement of this Act and is not completed at that date may be carried on and completed as if this Act had not been passed. (d) Those provisions of The Apprentices and Minors Acts, 1929 to 1959 and the regulations made thereunder that relate to minors other than apprentices, continued in force by the repealed Acts and in force at the commencement of this Act, shall continue in force until superseded by awards, industrial agreements or orders made under the Industrial Conciliation and Arbitration Act 1961-1976. (e) The provisions of the repealed Acts that relate to attendance at technical colleges or schools and to apprentices so attending shall continue in force and have effect until regulations are made with respect to those matters and come into operation. (f) Those provisions of the repealed Acts and the regulations made thereunder that relate to the allowances to be paid to an apprentice and the tools of trade to be provided by an employer to an apprentice shall continue in force until superseded by orders made by the Industrial Commission under this Act. (g) A person who at the commencement of this Act holds an office or position to which he was appointed under or for the purposes of the repealed Acts shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until he vacates or is lawfully removed from that office or position and
18 Industry and Commerce Training Act 1979, No. 4 where such office or position has been held immediately before the commencement of this Act under, subject to and in accordance with the Public Service Act1922-1978, that office or position or the corresponding office or position shall be and continue to be held under, subject to and in accordance with such lastmentioned Act. (h) All fees prescribed by or under the repealed Acts to be paid shall be deemed to have been prescribed by or, as the case may be, under this Act and shall be payable as prescribed from time to time. 5. Interpretation . (1) In this Act, unless the contrary intention appears- "adult trainee" means a person of 21 or more years of age other than an apprentice or trainee technician, who by an agreement registered under this Act undertakes to pursue a course of training in a calling; "apprentice" means- a person bound as an apprentice pursuant to to this Act by an indenture or assignment of an indenture to an employer in an apprenticeship calling; "apprenticeship calling" means a trade declared under this Act to be an apprenticeship calling; "calling" means a trade to which this Act applies; "Commission" means the Industry and Commerce Training Commission constituted under this Act; "Commissioner" means the Commissioner for Training appointed under this Act and includes a person who at any time performs the duties of the Commissioner; "commission inspector" means a person appointed under this Act as a commission inspector; "Deputy Commissioner" means the Deputy Commissioner for Training appointed under this Act and includes a person who at any time performs the duties of the Deputy Commissioner; "guardian" means a parent or guardian of an apprentice and includes, in a case where an apprentice has no parent or guardian resident in Queensland capable of acting and willing to act, a person approved by the Commission in the stead of a parent or guardian; "Industrial Commission" means the Industrial Conciliation and Arbitration Commission constituted under the Industrial Conciliation and Arbitration Act 1961-1976; "Industrial Court" means the Industrial Court constituted under the Industrial Conciliation and Arbitration Act 1961-1976; "industrial inspector" means an industrial inspector within the meaning of the Industrial Conciliation and Arbitration Act 1961-1976; "industrial union" means a body or association of persons registered as an industrial union under the Industrial Conciliation and Arbitration Act 1961-1976 or as an organization under the Conciliationand Arbitration Act1904-1976 of the Commonwealth as amended or any Act in substitution therefor;
Industry and Commerce Training Act 1979, No. 4 19 "Minister" means the Minister for Labour Relations or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister; "place" means- (a) any land; (b) any building, structure or erection of any kind whether wholly or partly constructed or erected or in the course of construction or erection; (c) a room in any building, structure or erection; (d) any aircraft, vehicle or vessel; "pre-apprenticeship course" means a course of training approved by the Commission in an apprenticeship calling undertaken before entry into apprenticeship in that calling; "pre-vocational course" means a course of training. approved by the Commission in more than one apprenticeship calling undertaken before entry into apprenticeship in any of those callings; "probationer" means a person who is an applicant for apprenticeship, employed on probation; "registrar" means the registrar of apprenticeship, industrial and commercial training appointed under this Act; "technician" means a person whose duties as an employee require him to have specialized training in some aspects of technology and who usually performs those duties for or in association with professional personnel; "trainee technician" means a person who undertakes training under a contract with an employer with a view to becoming proficient in applying proven techniques or in performing such duties as are specifically required by. the professional personnel for whom or in association with whom he is employed; "training establishment" means a training committee or a board, council, programme, class, school or similar body by whatever name called other than the Commission, an industry and commerce advisory committee, a regional advisory committee or a college or school of the Government of the State. (2) A term to which a meaning has been assigned by the Industrial Conciliation and Arbitration Act 1961-1976 shall, unless the contrary intention appears, have a corresponding meaning when used in this Act. (3) Nothing in any other Act or enactment or in any award within the meaning of the Industrial Conciliation and Arbitration Act 1961-1976 shall limit or affect the operation or effect of any provision of this Act and whenever any provision of any other Act or enactment or any award is inconsistent with this Act, this Act shall prevail. 6. Crown bound . This Act binds the Crown. 7. Exemptions . The Governor in Council by Order in Council may exempt any person or class of persons from the operation of this Act or any provision thereof specified in the Order and for so long as an
20 Industry and Commerce Training Act 1979, No. 4 Order made under this section remains in force , the person specified therein shall be exempted from the operation of this Act or , as the case may be , the provisions so specified. PART 11-ADMINISTRATION 8. Appointment of officers . (1) The Governor in Council may appoint- ( a) a Commissioner for Training; (b) a Deputy Commissioner for Training; (c) a secretary to the Commission; (d) such commission inspectors, welfare officers, training consultants and other officers as are necessary for the effectual administration of this Act. (2) Appointments made pursuant to subsection (1) shall be made and persons appointed shall hold office under, subject to and in accordance with the Public Service Act1922-1978. (3) Unless and until another appointment is made, the person who at the commencement of this Act is the secretary to the Apprenticeship Executive constituted under the repealed Acts shall be the secretary to the Commission. (4) The secretary to the Commission for the time being shall be also the registrar of apprenticeship, industrial and commercial training and the secretary to each industry and commerce advisory committee. (5) Every person who immediately before the commencement of this Act holds the office or position of welfare officer or training adviser under the repealed Acts shall without further or other appointment be a commission inspector or training consultant respectively under this Act. 9. Callings and industries to which Act applies. Minimum standards of education . Second schedule . (1) This Act applies to the callings specified in column 2 of the second schedule set forth opposite and in relation to the industries specified in column 1 thereof. (2) The minimum standard of education for entry into an apprenticeship in a calling specified in column 2 of the second schedule set forth opposite and relative to an industry specified in column 1 thereof shall be the standard of education indicated by the letter set forth opposite and relative to such calling in column 3 thereof or, in the case of education obtained elsewhere than in Queensland, such education as in the opinion of the industry and commerce advisory committee concerned is of a standard equivalent to that so indicated. 10. Power to amend second schedule. (1) The Governor in Council by Order in Council may amend the second schedule by- (a) altering or varying the standard of education set forth against a letter at the beginning thereof; (b) substituting for the standard of education set forth against a letter at the beginning thereof another standard of education;
Industry and Commerce Training Act 1979, No. 4 21 (c) adding to the standards of education set forth against their respective letters at the beginning thereof other standards of education and assigning to such additional standards in each case a letter against which the additional standard is set forth; (d) omitting from column 1 any industry and from column 2 any calling set forth opposite and relative to the industry omitted; (e) inserting in or adding to column 1 and column 2 respectively any industry or calling in that industry; (f) altering or varying in column 1 the name of any industry specified therein or in column 2 the name of any calling specified therein; (g) in respect of an industry specified in column 1 omitting from, inserting in or adding to column 2 any calling or altering or varying in column 2 the name of any calling specified therein; (h) indicating in column 3 by the appropriate letter the minimum standard of education for any apprenticeship calling inserted in or added to column 2; (i) substituting in column 3 for the letter indicating the minimum standard of education for any apprenticeship calling specified in column 2 the appropriate letter for some other minimum standard of education in respect of that calling. (2) The second schedule as amended pursuant to this section is the second schedule for the time being and has force and effect accordingly. 11. Power of delegation by Minister. (1) The -Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions or duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him.
22 Industry and Commerce Training Act 1979, No. 4 12. Powers and duties of inspectors and other officers. (1) An industrial inspector, commission inspector or welfare officer, for the purposes of this Act- (a)' may, subject to subsection (5), enter any place; (b) may make with respect to any place such examination, investigation or enquiry as is necessary to ascertain whether the provisions of this Act are being complied with; (c) may inspect and examine any place so entered and plant and machinery therein and work being performed therein on which an apprentice or other employee to whom this Act applies is or may be employed; (d) may interview any apprentice or other employee to whom this Act applies found in any place so entered, in the presence of the employer, manager, foreman or other person or alone; (e) may search for or require the production of any record, book, document or other writing with respect to the employer's business relating to the wages and conditions of his apprentices and other employees and inspect, examine and make copies of or extracts from that record, book, document or writing; (f) may seize and detain any record, book, document or other writing produced to him that he considers will afford evidence as to the commission of an offence against this Act that he suspects on reasonable grounds to have been committed; (g) may question an employer or person in charge in any place so entered for the purposes of this Act and with respect to matters under this Act and require that employer or person in charge to answer every question so put; (h) may call to his aid- (i) another inspector or welfare officer or a member of the Queensland Police Force in a case where he is obstructed or has reasonable grounds to believe that he will be obstructed in the exercise of his powers or the performance of his functions and duties; (ii) a person who he thinks is competent to assist him in the exercise of his powers or the performance of his functions and duties; (i) shall report to the Commissioner forthwith every contravention of or failure to comply with this Act that he finds or that comes to his knowledge. A member of the Queensland Police Force called to the aid of an inspector or welfare officer, pursuant to paragraph (h) shall render assistance as required in accordance with this Act and the member so assisting shall have such powers as are conferred on the inspector or welfare officer by this section. (2) In addition to the powers conferred upon him by subsection (1) a welfare officer shall take all action that he considers necessary to ensure the well-being and welfare of apprentices and other employees to whom this Act applies and shall report to the Commissioner every instance where, in his opinion, the well-being and welfare of those persons are not receiving adequate consideration and attention.
Industry and Commerce Training Act 1979, No. 4 23 (3) A training consultant shall have and may exercise the powers conferred upon any industrial inspector, commission inspector or welfare officer by paragraphs (a), (b), (c), (d), (g) and (h) of subsection (1) and in addition- (a) may require production to him by an apprentice of the record required by this Act to be kept by that apprentice; (b) shall report to the Commissioner forthwith every instance where, in his opinion, an apprentice or other employee to whom this Act applies is not being taught or is not applying himself with a view to acquiring knowledge of his apprenticeship calling or, as the case may be, occupation. (4) Members of a sub-committee of the Commission, of an industry and commerce advisory committee or of a regional advisory committee that comprises a chairman and not less than two other members may, at all reasonable times, enter any place at which apprentices, tradesmen or other employees are employed and inspect therein the facilities for training apprentices and other employees. (5) (a) Before any inspector, welfare officer, training consultant or member of a sub-committee enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. (b) A justice who is satisfied upon the complaint of an inspector, welfare officer, training consultant or member of a subcommittee that there is reasonable cause to suspect- (i) that there is in any place any record, book, document, other writing or thing in respect of which an offence against this Act has been, is being or is likely to be committed; (ii) that in any place an offence against this Act has been, is being or is likely to be committed, may issue his warrant directed to the inspector, welfare officer, training consultant or, as the case may be, member of a sub-committee to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector, welfare officer, training consultant or, as the case may be, member of a sub-committee under this Act. (c) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the inspector, welfare officer, training consultant or, as the case may be, member of a sub-committee and all persons acting in aid of him- (i) to enter the place specified in the warrant; (ii) to exercise therein the powers conferred on an inspector, welfare officer, training consultant or, as the case may be, member of a sub-committee by or under this Act. (d) In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (5) For the purposes of gaining entry to any place an inspector, welfare officer, training consultant or member of a sub-committee may call to his aid such persons as he thinks necessary and those persons, while acting in aid of him in the lawful exercise by him of his power of entry, shall have a like power of entry.
24 Industry and Commerce Training Act 1979, No. 4 13. Criminating questions . A person is not obliged under this Act to answer any question or furnish any information or evidence tending to criminate himself. 14. Offences with respect to inspectors and other officers. (1) A person- (a) shall not assault, obstruct, threaten, abuse, insult or intimidate an industrial inspector, commission inspector, welfare officer, training consultant or other person in the exercise of his powers and authorities or the discharge of his functions and duties under this Act or attempt so to do; (b) shall not fail to answer any question put to him for the purposes of, this Act by an industrial inspector, commission inspector, welfare officer, training consultant or other officer or furnish a false or misleading answer to a question so put; (c) shall not, when required by or under this Act to furnish information, fail -to do so or furnish information that is false or misleading; (d) shall not fail, upon demand made or at a time and place specified by an industrial inspector, commission inspector, welfare officer, training consultant or other officer to produce to him for inspection any record, book, document or other writing authorized under this Act to be produced or seized; (e) shall not fail to allow an industrial inspector, commission inspector, welfare officer or training consultant to make a copy of or extract from any record, book, document or other writing authorized under this Act to be produced or seized; (f) shall not prevent or attempt to prevent directly or indirectly, a person from appearing before and being questioned by an officer authorized by or under this Act; (g) shall not fail to comply with a lawful requirement or order of an industrial inspector, commission inspector, welfare officer, training consultant or other officer or any part thereof. 15. Power of delegation by Commission or committee . (1) The Commission or an industry and commerce advisory committee may by writing either generally or otherwise as provided by the instrument of delegation delegate to the chairman or any sub-committee thereof all or any of its powers, authorities, functions and duties except this power of delegation. The Commission or an industry and commerce advisory committee may make such and so many delegations of the same power, authority, function or duty and to such number of sub-committees as it considers necessary or desirable. (2) A delegation may be made subject to such terms or limitations as the Commission or an industry and. commerce advisory, committee thinks fit including a requirement that the delegate shall report to it on the exercise or performance of the delegated power, authority, function or duty.
Industry and Commerce Training Act 1979, No. 4 25 (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (4) A delegation does not prevent or prejudice- (a) the exercise of a delegated power or authority or the performance of a delegated function or duty by the Commission or, as the case may be, an industry and commerce advisory committee; or (b) the exercise by the Commission or, as the case may be, an industry and commerce advisory committee of supervision of the carrying out by the delegate of the terms of the delegation to the extent of countermanding the delegate's exercise of a power or authority or performance of a function or duty under the delegation. (5) A delegation is revocable at the will of the Commission or as the case may be, an industry and commerce advisory committee. 16. Protection of employment of members of Commission and committees . (1) An employer- (a) shall not refuse employment to any person; (b) shall not dismiss an employee from or injure him in his employment or alter to his prejudice his status as an employee, by reason only of- (c) the fact that the person or employee is a member of the Commission, an industry and commerce advisory committee or a regional advisory committee; (d) anything said or done or omitted to be said or done by the person or employee in the exercise by him of a power or authority or the performance by him of a function or duty as a member of the Commission, industry and commerce advisory committee or regional advisory committee. Penalty: $500. (2) Upon a conviction for an offence defined in subsection (1) in a case involving an employee of the defendant, the court, in addition to imposing a penalty, may order- (a) that the defendant pay to the employee the amount of wages lost by the employee by reason of the dismissal, injury or alteration in status; (b) that the defendant re-instate the employee in his former employment or in employment of similar status. 17. Remuneration to members of Commission and committees. (1) Members of the Commission other than the chairman thereof and members of an industry and commerce advisory committee or a regional advisory committee other than the chairman thereof shall be paid such fees, allowances and expenses in respect of the performance by them of their functions and duties as such members as are prescribed. (2) Fees, allowances and expenses may differ in respect of different members according to class of payment, rate or position held on the Commission or, as the case may be, committee.
26 Industry and Commerce Training Act 1979, No. 4 (3) A provision in any Act requiring the holder of an office specified therein to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to disqualify him from holding that office and also the office of a member of the Commission or a committee referred to in subsection (1) or from accepting and retaining any fees, allowances or expenses payable to him pursuant to this section. (4) A fee, allowance or amount by way of expenses shall not be paid to a member who is an officer of the Public Service of Queensland for attendance at a meeting of the Commission or of a committee to which this section applies held during the ordinary office working hours of that officer. 18. Failure to nominate . If a body entitled under this Act to nominate a person to be a member of a committee under this Act fails within the prescribed time after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination recommend to the Governor in Council a person who in the opinion of the Minister is a suitable person as a member of the committee in question to represent the interests of the persons concerned and the person so recommended shall be deemed to be duly nominated under this Act. PART III-INDUSTRY AND COMMERCE TRAINING COMMISSION 19. Constitution. (1) There shall be established and thereafter constituted from time, to time as prescribed a body to be called the "Industry and Commerce Training Commission". (2) The Apprenticeship Executive subsisting immediately before the commencement of this Act is preserved and continued in existence until the commencement of the day on which the Commission is first- constituted under this Act. 20. Composition . (1) The Commission shall consist of a number of members not exceeding 14 of whom- (a) one shall be the Commissioner, who shall be a member ex officio and chairman; (b) one shall be the Director of Technical Education, who shall be a member ex officio; (c) a number not exceeding 12 shall be persons appointed in equal numbers as representing employers and employees respectively, nominated by the Minister. (2) The members referred to in paragraph (c) of subsection (1) are in this Act referred to as the "appointed members". (3) A member of the Commission other than the chairman shall not be or become or act as a member of an industry and commerce advisory committee. Acceptance of an appointment as an appointed member of the Commission by a person who is a member of an industry and commerce advisory committtee shall render his membership of that committee null and void.
Industry and Commerce Training Act 1979, No. 4 27 21. Appointment of appointed members. The appointed members shall be appointed by the Governor in Council by notification published in the Queensland Government Industrial Gazette. 22. Functions . The functions of the Commission are- (a) to keep under review- (i) the requirements of the State for skilled tradesmen; (ii) the availability of skilled tradesmen to meet those requirements; (iii) the availability of young persons for training in callings; (iv) the availability of vacancies for apprentices, pre- apprenticeship trainees, pre-vocational trainees, adult trainees and other trainees and the extent to which employers. are participating in the training of apprentices and such trainees; (v) the availability of vacancies for workers other than skilled tradesmen whose occupations require training; (vi) the requirements of the State for workers other than skilled tradesmen whose occupations require training; (vii) the adequacy of the training of apprentices, pre- apprenticeship trainees, pre-vocational trainees, trainee technicians, adult trainees and other employees in employers' workshops and colleges of technical and further education and measures that may be taken to improve that training; (viii) the adequacy of the apprenticeship system as a means of training skilled tradesmen and of other systems as a means of training other - employees and the desirability of modifying those systems or of providing other systems of training for callings and occupations; (b) to advise the Minister with respect to- (i) the matters specified in paragraph (a); (ii) apprenticeship callings and occupations to which this Act should be applied; (iii) such matters as he may from time to time refer to the Commission; (c) to co-operate with- (i) industry and commerce advisory committees and regional advisory committees on all matters provided for in this Act; (ii) officers of the Technical and Further Education Division of the Department of Education, careers officers and guidance officers, connected with the education and employment of young persons; (d) to make determinations and orders on all matters with respect to apprentices and apprenticeships and to other skilled employees and their training as authorized by or under this Act; (e) to determine the entitlement of persons to certificates indicating the training undertaken by and the qualifications of persons who complete courses of training approved by the Commission and to arrange for the issue of those- certificates;
28 Industry and Commerce Training Act 1979, No. 4 (f) to consider and attend to all other matters and things entrusted to the Commission by or under this Act. 23. Commission subject to the Minister. (1) As and when required by the Minister, the Commission shall furnish to him reports with respect to the policy that it is pursuing or proposes to pursue and with respect to any action taken or proposed to be taken in the performance by it of its functions and duties. (2) The Commission shall observe and give effect to directions issued by the Minister on matters of policy, the exercise of its powers and authorities or performance of its functions and duties. 24. Cessation of office of members of Apprenticeship Executive. (1) The Governor in Council, by notification published in the Queensland Government Industrial Gazette, may declare a day on and from which the appointment of persons as members of the Apprenticeship Executive shall cease and upon the commencement of that day the terms of office of those members shall cease accordingly. (2) A person whose term of office ceases in accordance with subsection (1) shall, if he is qualified under section 20 (1) (c), be eligible for appointment to the Commission as an appointed member. 25. First constitution of Commission . The Commission shall be first constituted upon the commencement of the day notified in accordance with section 24. 26. Committees . The Commission may appoint from amongst its members such executive sub-committees and advisory sub-committees as it considers necessary to assist it in the exercise of its powers and authorities and the performance of its functions and duties. 27. Tenure of office of appointed member. (1) Each appointed member of the Commission shall be appointed and hold office for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. An appointed member shall, if he is otherwise qualified, be eligible for re-appointment as such member. (2) The Governor in Council, for any reason appearing to him to be sufficient, may remove an appointed member from office. (3) The office of an appointed member of the Commission shall become vacant if the member- (a) dies or becomes mentally ill; (b) resigns his office by writing signed by him furnished to the Minister; (c) is absent without prior leave granted by the Commission from three consecutive meetings of the Commission of which due notice has been given to him; (d) ceases to be qualified as such member; (e) is convicted upon indictment of an indictable offence; (f) is removed from office as such member by the Governor in Council.
Industry and Commerce Training Act 1979, No. 4 29 (4) Attendance of an 'appointed member of the Commission at the time and place appointed for a meeting of the Commission shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held and the secretary to the Commission shall enter in the minute book the names of all members who so attend. 28. Casual vacancies . (1) When a vacancy occurs in the office of an appointed member of the Commission during the term of office of such members then constituting the Commission, the Governor in Council may appoint as prescribed another person as such member to hold 'office for the balance of his predecessor's term of office as such member. (2) A person appointed to fill a casual vacancy in the office of an appointed member pursuant to subsection (1) shall hold office for the balance of his predecessor's term of office and shall, if otherwise qualified, be eligible for re-appointment as such member. 29. Deputies of chairman and members . (1) The Governor in Council by notification published in the Queensland Government Industrial Gazette:- (a) may appoint a person who is not a member of the Commission to be the deputy of the chairman; (b) may appoint persons who are not members of the Commission to be deputies of the members of the Commission other than the chairman. (2) The person appointed as deputy of the- chairman shall, in the absence of the chairman from any cause, have and may exercise the powers, authorities and immunities and shall perform the functions and duties of the chairman. (3) A person appointed as a deputy of a member of the Commission other than the chairman may, in the absence of the member whose deputy he is, attend any meeting of the Commission in the stead of that member and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of a member of the Commission other than the chairman. 30. Meetings. (1) The Commission shall meet as often as is necessary for the exercise of its powers and authorities and the performance of its functions and duties at such times and places as it determines from time to time. The chairman of the Commission may at any time convene a meeting thereof. (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held, shall be in writing and shall be given by the chairman to every member of the Commission at least five days prior to the date appointed for the meeting. A notice of a meeting or an adjourned meeting may be given to a member of the Commission by prepaid post letter addressed to his place of business or residence last known to the chairman.
30 Industry and Commerce Training Act 1979, No. 4 (3) The members present at a meeting of the Commission may at any time adjourn the meeting. If a quorum is not present at a meeting of the Commission within 15 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than two are present or the secretary to the Commission if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than seven days after the date of the adjournment. This subsection shall be read and construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 31. Procedure at meetings . (1) The chairman shall preside at all meetings of the Commission. (2) A quorum shall consist of a majority of the total number of members of the Commission for the time being holding office as such members and business shall not be conducted at a meeting of the Commission unless a quorum is present. (3) Where the Commission thinks it necessary or desirable to do so, it may require the Deputy Commissioner to attend a meeting of the Commission and the Deputy Commissioner when so required shall attend such meeting and while so attending shall be deemed to be a member of the Commission and may speak on and take part in discussions but shall not be entitled to vote on any proposal before the meeting. 32. Conduct of affairs . (1) The Commission shall exercise a power or authority and perform a function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) A member of the Commission who, being present at a meeting and eligible to vote, abstains from voting on any question shall be taken to have voted for the negative. (4) Subject to this Act, the Commission shall conduct its business generally and proceedings at its meetings in such manner as it determines from time to time. 33. Minutes . The chairman shall cause to be kept a record of all decisions of the Commission whether made at a duly constituted meeting or by reference in writing and that record shall be presented to a subsequent meeting of the Commission for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting. 34. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Commission for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or the secretary to the Commission at the chairman's direction.
Industry and Commerce Training Act 1979, No. 4 31 35. Validity of acts. Any act, proceeding, decision or determination of the Commission is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Commission at the time of that act, proceeding, decision or determination. PART IV-ADVISORY COMMITTEES Division I -Industry and Commerce Advisory Committees 36. Constitution . (1) For the purposes of this Act, there shall be established and thereafter constituted from time to time as prescribed committees, each of which shall be called an "industry and commerce advisory committee". (2) Industry and commerce advisory committees shall be constituted for or with respect to such industries, callings or groups of callings, occupations or groups of employees as are determined by the Minister on the recommendation of the Commission. (3) Every Group Apprenticeship Committee constituted under the repealed Acts for a calling or group of callings and subsisting immediately before the commencement of this Act is, save where an industry and commerce advisory committee is constituted under this Act for callings or groups of callings that include that calling or group, preserved, continued in existence and constituted under this Act an industry advisory and commerce committee for or with respect to the calling or group of callings for which it was originally constituted. 37. Composition. (1) An industry and commerce advisory- committee shall consist of- (a) the Deputy Commissioner, who shall be chairman; (b) a member ex officio, nominated by the Director of Technical Education by reference to the title of the office that he holds for the time being; (c) such number of other members as the Minister determines consisting of prescribed persons, nominated as prescribed. In determining the number of members for the purposes of subparagraph (c) of the first paragraph, the Minister shall have regard to recommendations of the Commission. A member referred to in subparagraph (c) of the first paragraph shall be a person having expert knowledge of and engaged or employed in or having at some time been engaged or employed in the calling or a calling comprised in the group of callings or the occupation or an occupation comprised in the group of occupations for or in respect of which the industry and commerce advisory committee is constituted. (2) If the chairman of an industry and commerce advisory committee is unable from any cause to perform the functions and duties of chairman, the Commissioner may appoint in writing another person (whether or not a member of such committee) to act as chairman of the committee during the inability of the chairman to act and while so acting the person so appointed shall have and may exercise the powers, authorities, and immunities and shall perform the functions and duties of the chairman.
32 Industry and Commerce Training Act 1979, No. 4 An appointment made pursuant to this subsection may be made generally or in respect of a particular occasion. (3) The members of an industry and commerce advisory committee other than the chairman and the member ex officio shall consist of equal numbers representative of employers and employees respectively and shall comprise- (a) persons representative of employers in the industry, calling or group of callings or occupation or group of occupations for or in respect of which the committee in question is constituted, nominated as prescribed by prescribed industrial unions of employers, employers' organizations or statutory corporations; (b) persons representative of employees in the industry, calling or group of callings or occupation or group of occupations for or in respect of which the industry and commerce advisory committee is constituted, nominated as prescribed by prescribed industrial unions of employees or, where there is no such registered industrial union representing employees in the industry, calling or group of callings or occupation or group of occupations for or in respect of which the committee is constituted, by prescribed organizations of employees. (4) The members of an industry and commerce advisory committee other than the chairman and the member ex officio shall be appointed by the Governor in Council by notification published in the Queensland Government Industrial Gazette. (5) (a) The Commission, at any time when it appears to it necessary or desirable for its effective operation that representation on an industry and commerce advisory committee should be extended or widened by the appointment of temporary members, may recommend to the Minister that such action be taken. (b) The recommendation shall contain particulars of the type of additional representation (whether of employers, employees or other bodies) that the Commission considers necessary. (c) The Minister shall make a decision on the recommendation and if he approves the additional representation proposed he shall advise the Commission accordingly and authorize it to take such action as is necessary to implement the decision. (d) The Commission shall thereupon invite from such bodies (including industrial unions) as in its opinion consist of suitable persons, nominations for temporary appointment to the industry and commerce advisory committee concerned and the Minister shall appoint from nominations so received such additional members as are necessary. (e) Persons appointed pursuant to this subsection shall hold office only for such period as is specified by the Minister or for such period or periods only during which the business for which they were appointed is being considered by the Commission. 38. Continuation in office of certain members of committees. The members, other than the chairman, of every Group Apprenticeship Committee continued in existence and constituted in accordance with section 36 (3) an industry and commerce advisory committee, holding office immediately before the commencement of this Act shall, without further or other appointment or authority than this section but subject to this Act, continue to hold office as members in terms of their appointments.
Industry and Commerce Training Act 1979, No. 4 33 39. Functions of committee . The functions of an industry and commerce advisory committee, in respect of the industry, calling or group of callings, occupation or group of occupations or group of employees for or in respect of which the committee is constituted, are- (a) to survey and make recommendations to the Commission concerning the needs of industry, apprentices, other employees and employers in relation to this Act; (b) to supervise the allotment of apprentices; (c) to make reports and recommendations to the Commission as to- (i) the adequacy of existing and proposed training programmes for the purposes of this Act provided in the State; (ii) the relevance of training in accordance with this Act and the quality of trained personnel; (d) to make recommendations to the Commission as to the supervision and facilities provided by employers to ensure that apprentices and other trainees gain proficiency in their callings or occupations; (e) to advise the Minister through the Commission concerning the training facilities that should be provided for or with respect to apprenticeship and other industrial training and commercial training; (f) to advise the Commission on all matters and things relating to apprentices and apprenticeships and the training of apprentices and other employees; (g) to collaborate with the Commission or other industry and commerce advisory committees on all matters- relating to apprenticeships and the training of apprentices and other employees; (h) to perform such other functions as are prescribed by or under this Act. 40. Sub-committees . An industry and commerce advisory committee may appoint from amongst its members such executive sub-committees and advisory sub-committees as it considers necessary to assist it in the exercise of its powers and authorities and the performance of its functions and duties. The chairman of such committee shall be a member of every sub-committee so appointed. 41. Tenure of office of certain members . (1) A member of an industry and commerce advisory committee other than the chairman and the member ex officio shall be appointed and hold office for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member to whom this subsection applies shall, if he is otherwise qualified, be eligible for re-appointment as a member. (2) The Governor in Council, for any reason appearing to him to be sufficient, may remove from office a member to whom this section applies.
34 Industry and Commerce Training Act 1979, No. 4 42. Vacation of office of member of committee . (1) The office of a member of an industry and commerce advisory committee other than the chairman and the member ex officio shall become vacant if the member- (a) dies or becomes mentally ill; (b) resigns his office by writing signed by him furnished to the Minister; (c) is absent without prior leave granted by the committee from three consecutive meetings of the committee of which due notice has been given to him; (d) ceases to be qualified as such member; (e) is convicted upon indictment of an indictable offence; (f) is removed from office as such member by the Governor in Council. (2) Attendance of a member of an industry and commerce advisory committee at the time and place appointed for a meeting of that committee shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held and the secretary to that committee shall enter in the minute book the names of all members who so attend. 43. Casual vacancies . (1) When a vacancy occurs in the office of a member of an industry and commerce advisory committee other than the chairman thereof and the member ex officio during the term of office of such members then constituting that committee, the Governor in Council may appoint in accordance with this Act another person as such member to hold office for the balance of his predecessor's term of office as such member. (2)'A person appointed to fill. a casual vacancy in the office-.of a member pursuant to subsection (1) shall hold office for the balance of his predecessor's term of office and shall, if otherwise qualified, be eligible for re-appointment as such member. 44. Deputies of certain members of committees . (1) The Governor in Council, by notification published in the Queensland Government Industrial Gazette, may appoint persons who are not members of an industry and commence advisory committee to be deputies of the members of that committee other than the chairman thereof and the member ex officio. (2) A person appointed as a deputy of a member of an industry and commerce advisory committee in accordance with subsection (1) may, in the absence of the member whose deputy he is, attend any meeting of that committee in the stead of that member and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of a member of that committee other than the chairman and the member ex officio. 45. Meetings of committee . (1) An industry and commerce advisory committee shall meet as often as is necessary for the exercise of its powers and authorities and the performance of its functions and duties at such times and places as it determines from time to time. The chairman of an industry and commerce advisory committee may at any time convene a meeting thereof.
Industry and Commerce Training Act 1979, No. 4 35 (2) The members present at a meeting of an industry and commerce advisory committee may at any time adjourn the meeting. 46. Procedure at meetings of committee . (1) Subject to subsection (2), the chairman of an industry and commerce advisory committee shall preside at all meetings of the committee. (2) Notwithstanding subsection (1), the Commissioner, where he so determines, may preside at a meeting of an industry and commerce advisory committee and while so presiding shall have and may exercise the powers, authorities and immunities and shall perform the functions and duties of the chairman of such committee. (3) A quorum shall consist of the chairman and two other members of an industry and commerce advisory committee and business shall not be conducted at a meeting thereof unless a quorum is present. 47. Conduct of affairs of committee . (1) An industry and commerce advisory committee shall exercise a power or authority and perform a function or duty by the majority vote of its members present at a meeting and voting on the business in question. (2) The chairman of an industry and commerce advisory committee has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) Subject to this Act, an industry and commerce advisory committee shall conduct its business generally and proceedings at its meetings in such manner as is prescribed or so far as, not prescribed as it determines from time to time. 48. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by ark industry and commerce advisory committee for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by' the chairman or the secretary to the committee at the chairman's direction. 49. Validity of acts. Any act, proceeding, decision or determination of an industry and commerce advisory committee is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the committee at the time of that act, proceeding, decision or determination. 50-PPoowweerr of Commission to disallow resolution and annul act of committee . The Commission may disallow any resolution of and annul any act, matter or thing made, done or commenced by an industry and commerce advisory committee but before doing so shall give to the committee concerned an opportunity of being heard on the resolution, act, matter or thing under review. The procedure with respect to a hearing specified in this section shall be as prescribed or so far as not prescribed as the Commission determines.
36 Industry and Commerce Training Act 1979, No. 4 Division IIRegional Advisory Committees 51. Appointment of committees . (1) The Minister may, for the purposes of this Act, appoint such and so many committees each of which shall be called a "regional advisory committee" as he determines and in such regions of the State as he determines. (2) Every apprenticeship advisory, committee appointed under the repealed Acts and subsisting immediately before the commencement of this Act is continued in existence and shall be deemed to be appointed under this Act and to be a regional advisory committee for the purposes of this Act. The chairman of an apprenticeship advisory committee continued in existence by and deemed to be appointed a regional advisory committee under this Act shall without further or other appointment or authority than this provision continue to be the chairman of that committee. The members other than the chairman of an apprenticeship advisory committee continued in existence by and deemed to be appointed a regional advisory committee under this Act shall without further or other appointment or authority than this provision continue to hold their offices as such members in terms of their appointments thereto. 52. Composition of committee . (1) A regional advisory committee shall consist of- (a) a chairman, who shall be an officer of the Public Service of Queensland; (b) a member ex officio; (c) such other members of such number not less than four as the Minister in a particular case and in respect of a particular locality determines, nominated as prescribed. (2) The appointment of the chairman of a regional advisory committee may be by reference to the title of the office he holds as an officer of the Public Service of Queensland and he shall hold office during the pleasure of the Minister. (3) The member ex officio of a regional advisory committee shall be the principal for the time being of a college of technical and further education situated in the region for which that committee is appointed. (4) The members of a regional advisory committee other than the chairman and the member ex efficio shall consist of equal numbers of persons representative of industrial unions of employers and of employees. 53. Functions of committee . A regional advisory committee shall have and may exercise such powers and authorities and shall perform such functions and duties as are prescribed. 54. Tenure of office of certain members . (1) Each member of a regional advisory committee other than the chairman and the member ex officio shall be appointed and hold office for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member to whom this subsection applies shall, if he is otherwise qualified, be eligible for re-appointment as a member.
Industry and Commerce Training Act 1979, No. 4 37 (2) The Minister, for any reason appearing to him to be sufficient, may remove from office a member to whom this section applies. 55. Vacation of office of member . (1) The office of a member of a regional advisory committee other than the chairman and the member ex officio shall become vacant if the member- (a) dies or becomes mentally ill; (b) resigns his office by writing signed by him furnished to the Minister; (c) is absent without prior leave granted by the committee from three consecutive meetings of the committee of which due notice has been given to him; (d) ceases to be qualified as such member; (e) is convicted upon indictment of an indictable offence; (f) is removed from office as such member by the Minister. (2) Attendance of a member of a regional advisory committee at the time and place appointed for a meeting of that committee shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held and the secretary to that committee shall enter in the minute book the names of all members who so attend. 56. Casual vacancies . (1) When a vacancy occurs in the office of a member of a regional advisory committee other than the chairman thereof and the member ex officio during the term of office of such members then constituting that committee, the Minister may appoint in accordance with this Act another person as such member- to hold office for the balance of his predecessor's term of office as such member. (2) A person appointed to fill a casual vacancy in the office of a member pursuant to subsection (1) shall hold office for the balance of his predecessor's term of office and shall, if otherwise qualified, be eligible for re-appointment as such member. 57. Deputies of certain members of committee . (1) The Minister may appoint persons who are not members of a regional advisory committee to be deputies of the members of that committee other than the chairman thereof and the member ex Officio. (2) A person appointed as a deputy of a member of a regional advisory committee in accordance with subsection (1) may, in the absence of the member whose-deputy he is, attend any meeting of that committee in the stead of that member and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of a member of that committee other than the chairman and the member ex officio. 58. Meetings of committee . (1) A regional advisory committee shall meet as often as is necessary for the exercise of its powers and authorities and the performance of its functions and duties at such times and places as it determines from time to time. The chairman of a regional advisory committee may at any time convene a meeting thereof.
38 Industry and Commerce Training Act 1979, No. 4 (2) The members present at a meeting of a regional advisory committee may at any time adjourn the meeting. 59. Procedure at meetings of committee . (1) The chairman of a regional advisory committee shall preside at all meetings of the committee. (2) A quorum shall consist of the chairman and two other members of a regional advisory committee and business shall not be conducted at a meeting thereof unless a quorum is present. 60. Conduct of affairs of committee . (1) A regional advisory committee shall exercise a power or authority and perform a function or duty by the majority vote of its members present at a meeting and voting on the business in question. (2) The chairman of a regional advisory committee has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (3) Subject to this Act, a regional advisory committee shall conduct its business generally and proceedings at its meetings in such manner as is prescribed or so far as not prescribed as it determines from time to time. 61. Representative on committee for special purposes . (1) The chairman of a regional advisory committee may, with the approval of the Commissioner first had and obtained, request an industrial union of employers or of employees in any calling not represented on the committee to appoint to that committee a representative and thereupon the union in question may make such appointment. (2) A representative appointed pursuant to subsection (1) may attend any meeting of the regional advisory committee in question at any time when business before the committee concerns the calling he represents and speak on and take part in discussions with respect to such business but shall not be entitled to a vote on any proposal before the meeting. PART V-APPRENTICESHIP AND APPRENTICESHIP TRAINING 62. Registration and employment of apprentices . (1) A person who has entered into an arrangement with an employer to become an apprentice. shall, before commencing employment, make application in the prescribed form to the secretary to the Commission or, if the employer with whom the arrangement has been made conducts his business in a region for which a regional advisory committee has been appointed, to the secretary to that committee, for registration as an apprentice. (2) An employer who has entered into an arrangement with a person to employ ' him as an apprentice shall, before that person commences employment, make application in the prescribed form to the secretary to the Commission or, if the employer conducts his business in a region for which a regional advisory committee has been appointed, to the secretary to that committee, for the allotment to him as an apprentice of that person. (3) A secretary to a regional advisory committee who receives an application pursuant to subsection (1) or (2) shall forward it forthwith to the secretary to the Commission.
Industry and Commerce Training Act 1979, No. 4 39 (4) Upon receipt of an application pursuant to subsection (1), the secretary to the Commission shall record in the register of apprentices the name and other prescribed particulars with respect to the person concerned. (5) Every person registered in accordance with subsection (4) shall, subject to compliance with the requirements of this Act, be allotted as an apprentice to the employer with whom the arrangement to become an apprentice has been made. (6) (a) The Commission, after consultation with the industry and commerce advisory committee concerned, if any, or otherwise of its own volition, may recommend to the Minister that apprentices be apprenticed to a portion or portions of a calling and if the Minister accepts the recommendation those apprentices shall be so apprenticed in respect of the calling by reference to the calling and the portion or portions thereof to which the apprenticeship relates. (b) The period of apprenticeship shall, subject to this Act, be such as is determined by the Commission after consultation referred to in paragraph (a) and having regard to the period of apprenticeship prescribed with respect to an apprentice in the calling in question. (c) The provisions of this Act other than this subsection relating to apprentices shall, so far as they are not inconsistent with this subsection, apply and extend to apprentices to whom this subsection applies as if those apprentices were apprenticed in the calling in question. 63. Probationers . (1) A person who becomes an apprentice in accordance with section 62 shall be employed by his employer on probation for three months or such longer period not exceeding six months as the appropriate industry and commerce advisory committee allows. Where a probationer is subsequently apprenticed to his employer, the probationary period served by him shall be included in and form part of the period of his apprenticeship. (2) The service of a probationer may be terminated as prescribed. (3) An employer who continues to employ a person after the expiration of the period of his employment on probation or any extension of that period commits an offence against this Act unless, within two months after the expiration of the period of probation' or any extension of that period, he enters into an indenture of apprenticeship with that person. 64. Register of apprentices . (1) The Commission shall establish and maintain as prescribed a register of apprentices. (2) The register shall contain such particulars with respect to apprentices as are prescribed and shall be kept by the secretary to the Commission under the direction of the Commission. 65. Industrial unions of employers and of employees and groups of employers may take apprentices . (1) An apprentice may be indentured under this Act to an industrial union of employers or of employees whose members are engaged in any apprenticeship calling and arrangements may be made in accordance with this Act by the union for the employment of every apprentice so indentured in the apprenticeship calling in question.
40 Industry and Commerce Training Act 1979, No. 4 The union shall execute or cause to be executed on its behalf the indenture of apprenticeship and shall also appoint a. person being an officer of the union or the holder of an office in the union for the time being by reference to his office but not his name to be, for the purposes of this Act, the employer of the apprentice. The person or holder of an office for the time being so appointed shall be named in the indenture as the employer of the apprentice, shall execute the indenture and shall be bound on behalf of the union and liable under this Act as if he were the employer of the apprentice. (2) A group of two or more employers engaged in an apprenticeship calling that satisfies the industry and commerce advisory committee for that calling or, if there is no such committee, the Commission that the employers comprising that group have the collective facilities to train adequately apprentices in that calling, may, subject to this Act, be permitted by the committee or, as the case may be, the Commission to indenture any person, as an apprentice. The industry and commerce advisory committee or, as the case may be, Commission shall determine the joint and several liabilities of the members of the group with respect to apprentices indentured to the group and shall give to each such member a notification in writing of the determination so made. Each member of the group shall comply with that determination. 66. Indenture of apprenticeship . (1) Where the parties (one of whom shall be, in the case of a person under the age of 18 years but not otherwise, his guardian) mutually so agree, the probationer shall, upon the expiration of the period of his probation, become an apprentice under indenture. (2) (a) Every indenture shall be in the prescribed form, shall contain the prescribed covenants, terms and conditions and shall be executed and dealt with as prescribed. (b) The parties to an indenture shall be- (i) the employer; (ii) the apprentice and, where the apprentice is under the age of- 18 years, his parent or guardian; and (iii) the Commissioner. (3) A person who has been allotted to an employer as an apprentice after application duly made by that employer and who has been employed by that employer for two months longer than the period of his probation or, if that period has been extended, that extended period shall, notwithstanding that an indenture has not been entered into and duly executed and dealt with as prescribed, be deemed to be and to have been an apprentice under indenture to that employer in the apprenticeship calling in question on and from the date of commencement of his employment on probation with that employer. This subsection shall be read and construed so as not to entitle an employer or apprentice to terminate the employment of that apprentice during the two months next following the expiration of the period of his probation or any extension of that period.
Industry and Commerce Training Act 1979, No. 4 41 67. Period of apprenticeship . (1) The period of apprenticeship in an apprenticeship calling shall be as prescribed not exceeding in any case four years. (2) An apprentice shall not be bound by an indenture of apprenticeship for a period longer than the period prescribed for the apprenticeship calling in question unless an industry and commerce advisory committee extends that period in accordance with this Act and, in that event, the apprentice shall be bound to serve for the extended period. (3) The industry and commerce advisory committee for the apprenticeship calling in question may at the commencement of an apprenticeship examine the experience and knowledge gained by an apprentice prior to such commencement and, if the committee is satisfied that by reason of such experience and knowledge the period of indenture in a particular case should be reduced, it may so determine and, in that event, may fix the period that it considers appropriate as the period of apprenticeship in that case. A determination made in accordance with this subsection shall be subject to such terms and conditions as the committee imposes including a condition that, if the apprentice at any time fails to make progress in the theoretical or practical knowledge applicable at any stage to the apprenticeship calling, the committee may extend the period of his apprenticeship for such period as it thinks fit. (4) Where the industry and commerce advisory committee for the apprenticeship calling concerned, during the period of an apprenticeship, is satisfied that an apprentice in that calling is attaining high standards of education and trade experience, it may, with the agreement of the employer, apprentice and his guardian if any, reduce the period of the apprenticeship of that apprentice by such period as in its opinion is warranted in the circumstances. 68. Extent to which indenture is binding . (1) An apprentice who is a party to an indenture of apprenticeship under this Act shall be bound thereby throughout the currency of the indenture notwithstanding that he has attained the age of 18 years. (2) A guardian of an apprentice who is a party to an indenture of apprenticeship under this Act shall be bound thereby until the apprentice attains the age of 18 years. 69. Effect of death or retirement of partner on apprenticeship. apprenticeship . The indenture of apprenticeship of a person apprenticed to partners shall not be determined by reason only of the. death or retirement of a partner but shall be deemed to be assigned to the surviving or continuing partners. 70. Transfer of apprentice . (1) The industry and commerce advisory committee concerned or, where there is no such committee for the apprenticeship calling in question, the Commissioner may transfer temporarily or permanently an appentice from one employer to another- (a) if the committee or, as the case may be, Commissioner is satisfied that the employer is not providing the facilities necessary to ensure that the apprentice becomes proficient in his apprenticeship calling; or
42 Industry and Commerce Training Act 1979, No. 4 (b) for good cause shown, upon the application of the employer, apprentice or guardian, if any. (2) An instrument evidencing the assignment of an indenture to effect a transfer in accordance with subsection (1) shall be in the prescribed form, shall contain the prescribed covenants, terms and conditions and shall be executed and dealt with as prescribed. (3) Notwithstanding subsection (2), where the industry and commerce advisory committee or, as the case may be, Commissioner is satisfied from information received that the period of employment of the apprentice with the employer to whom the apprentice is to be temporarily transferred will be for a period not exceeding six months, a notification in the prescribed form signed by the secretary to the committee or, as the case may be, a person authorized in that behalf by the Commissioner for and on behalf of the Commissioner given to the new employer, former employer, guardian if any of the apprentice and apprentice shall be sufficient authority for all purposes for the transfer of the apprentice to the new employer for the period specified in the notification. (4) (a) The service of an apprentice who has been transferred under this section with the new employer may, within one month after the apprentice commences employment with that employer, be terminated- (i) on the part of the employer, by the giving of one week's notice to the apprentice and the secretary to the industry and commerce advisory committee concerned or, if there is no such committee, the secretary to the Commission; (ii) on the part of the apprentice, by the giving of one week's notice to the employer and the secretary to the industry and commerce advisory committee concerned or, if there is no such committee, the secretary to the Commission. (b) Upon the termination of a transfer in accordance with paragraph (a), the apprentice shall return to the employment of his former employer but if the industry and commerce advisory. committee concerned or, if there is no such committee, the Commissioner so determines the apprentice may be transferred to such other employer as the bommittee or, as the case may be, Commissioner determines and, in that event, the liability of the former employer shall continue until the apprentice is transferred to the other employer or the apprenticeship is cancelled unless the committee or, as the case may be, Commissioner authorizes the former employer to discharge the apprentice from his employment or the apprentice to terminate his employment with the former employer. (5) Where an instrument evidencing the assignment of an indenture has not been entered into and duly executed as prescribed within two months after the commencement of employment by the apprentice with the new employer and the employment with the new employer has not been terminated as prescribed, the assignment of the indenture shall be deemed to be and to have been made on and from the date on which the transfer of employment of the apprentice was made from the former employer to the new employer. This subsection shall, be read and construed so as not to entitle an employer or apprentice to terminate the employment of the apprentice after the expiration of one month following the commencement of employment of the apprentice with the new employer.
Industry and Commerce Training Act 1979, No. 4 43 (6) An employer who employs an apprentice who is apprenticed to another employer commits an offence against this Act unless the apprentice has been transferred to him as prescribed and the instrument evidencing the assignment of the indenture for that purpose has been entered into, duly executed and dealt with as prescribed or notification given in accordance with subsection (3). 71. Employer' s entitlement to apprentice . Subject to this section, every employer who has in his employment a tradesman or who is himself a tradesman in the apprenticeship calling in question shall be entitled to employ at least one apprentice. This section does not apply to an employer in respect of whom the industry and commerce advisory committee for such apprenticeship calling has determined that he has not the plant or facilities available to teach the apprentice that calling. 72. Inability of employer to provide work for an apprentice. (1) An employer who is unable from any cause -to provide work for an apprentice may agree with the Commissioner and the guardian of the apprentice, if any, or the apprentice to arrange a transfer of the apprentice to another employer. Where the employer and the guardian, if any, or the apprentice cannot reach agreement, the employer or the guardian, if any, or apprentice may apply to the industry and commerce advisory committee concerned to arrange the transfer and execute an assignment of the indenture or to have the indenture cancelled. The apprentice shall remain in the employment of the employer pending the decision of the industry and commerce advisory committee. (2) An employer who from any cause is unable temporarily to provide work to employ fully an apprentice during ordinary working time may apply in writing to the Commissioner for permission to employ the apprentice for less than his full working time per week or per month at a remuneration in accordance with the - time worked proportionate to his weekly wage and the Commissioner, after investigation and consultation with such members of the Commission as are then and there available, shall determine the matter. 73. Suspension of apprentice . (1) An employer may,suspend from his service at any time during the period of his apprenticeship an apprentice who- (a) wilfully disobeys a lawful order of his employer; (b) is dishonest or guilty of gross misbehaviour; (c) absents himself from his employer's service without the consent of his employer. (2) On the day on which he suspends an apprentice, the employer- (a) shall give notice of the suspension by telephone or telegram to the Commissioner or, in a case where the apprentice at the time of the suspension was employed in a locality' for which a regional advisory committee is appointed, the chairman of that committee;
44 Industry and Commerce Training Act 1979, No. 4 (b) shall furnish to the Commissioner or, as the case.may be, chairman a report in writing setting forth full details of the reasons for the suspension. Where an employer fails to comply with this subsection, the suspension shall be of no force or effect. (3) Upon receipt of the notice given by the employer and his report the Commissioner or, as the case may be, chairman shall consider the matter and- (a) may uphold the suspension; or (b) may refuse to uphold the suspension. Where the Commissioner or, as the case may be, chairman upholds the suspension it or he shall fix a period during which the suspension shall operate and shall order that the apprentice suffer loss of wages for the period of suspension. In a case where the suspension is reported to the chairman of a regional advisory committee, he shall, before making a decision in accordance with this subsection, consult with such other members of the committee as are then and there available and, where the chairman after such consultation is of opinion that the apprentice should be suspended for a period exceeding two days, he shall refrain from making a decision and shall give notice to the Commissioner by telephone or telegram of the suspension and furnish to the Commissioner a report in writing setting forth full details of the reasons for the suspension whereupon the Commissioner shall make a decision on the matter. (4) The chairman of a regional advisory committee who makes a decision with respect to a suspension in accordance with this section shall, as soon as practicable thereafter, furnish to the Commissioner a report in writing setting forth full details of the reasons for and the period of the suspension. (5) An employer, apprentice or guardian aggrieved by a decision made under this section by the Commissioner or the chairman of a regional advisory committee may- appeal against such decision to the industry and commerce advisory committee for the apprenticeship calling in which the apprentice is apprenticed or, where there is nd such committee, to the Commission. The committee or, as the case may be, Commission shall hear and determine the matter the subject of the appeal and shall give notice in writing of the decision to all parties to the indenture. Subject to this Act, a decision given in accordance with this subsection shall be final and binding on all parties to the appeal. The procedure upon an appeal pursuant to this subsection shall be as prescribed. 74. Attendance at classes and submission for examinations. (1) An apprentice- (a) shall attend as prescribed for such periods as are prescribed such classes at a college of technical and further education or school as are prescribed; (b) shall where classes in accordance with paragraph (a) are not available obtain such instruction (by correspondence or otherwise) as is prescribed;
Industry and Commerce Training Act 1979, No. 4 45 (c) shall submit himself as prescribed for every prescribed examination, with respect to the apprenticeship calling in which he is apprenticed. (2) An employer shall grant to his apprentice such leave of absence as is necessary to enable the apprentice to comply with the requirements specified in subsection (1) and pay him wages for such leave but so that such leave shall not exceed the equivalent of 105 working days during the period of apprenticeship. (3) Wages payable under subsection (2) shall be at the rate that would have been applicable if the apprentice had performed an ordinary day's work on each day of the period in question. (4) An employer shall grant to every apprentice employed by him who is required by this Act to attend classes and submit himself for examinations annual leave of absence at a time other than the time during which the apprentice is required to attend classes and submit himself for examinations. 75. Failure of apprentice to attend college, school or class or return papers . Misbehaviour at college or school . (1) An apprentice who- (a) fails on any occasion to attend a prescribed college, school or class that he is required by this Act to attend; (b) fails to exercise due diligence with respect to a course of instruction that he is required by this Act to undergo; (c) being an apprentice undertaking a prescribed course of instruction by correspondence, fails to return to the school concerned according to its time-table papers-received by-him in connexion with that course; (d) behaves in an unbecoming manner while attending a prescribed college, school or class that he is required by this Act to attend, commits an offence against this Act and may be dealt with in the manner prescribed, by the Deputy Commissioner or, -where a regional advisory committee has been appointed for the region in which the apprentice's employer conducts his business, by the chairman of that committee. The Deputy Commissioner or, as the case may be, chairman may impose a penalty of not less than $5 nor more than $10 on an apprentice who has committed an offence defined by this section. (2) An apprentice aggrieved by a decision of the Deputy Commissioner or, as the case may be, chairman pursuant to subsection (1) may appeal to the Commission against the decison. The Commission shall hear and determine the matter and may uphold or dismiss the appeal. Where the appeal is upheld the Commission may remit the penalty or make such other order as it thinks fit. The procedure upon an appeal pursuant to this subsection shall be as prescribed. '(3) For the purposes of this section, an apprentice shall be deemed to have failed to attend a prescribed college, school or class if he- (a) on any occasion, fails to attend punctually at the time appointed for the commencement of his attendance at that college, school or class on that occasion;
Industry and Commerce Training Act 1979, No. 4 61 112. Offences generally and penalty . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who- (a) fails to do that which he is directed or required to do; (b) does that which he is forbidden to do, by a person acting under the authority of this Act commits an offence against this Act. (3) Save where a specific penalty is otherwise prescribed, a person who commits an offence against this Act is liable to a penalty of $1 000. 113. Proceedings for offences . (1) A prosecution for an offence against this Act shall be taken by summary proceeding before an industrial magistrate sitting alone within 12 months after the offence is committed or within 6 months after the commission of the offence first comes to the knowledge of the complaintant whichever period is the later to expire. (2) A prosecution for an offence against this Act may be instituted- (a) by any industrial inspector or commission inspector; (b) by a person authorized in writing in that behalf by the Minister. (3) Notwithstanding this Act, the Justices Act1886-1978 or any other Act, law or practice, where all parties so agree in writing signed. by them or their representatives, a proceeding under this Act may be heard and determined at a place other-than the place at which but for this provision that proceeding may be heard and determined according to law. Where a proceeding under this Act has been instituted at the place at which but for this provision it may be heard and determined according to law and an agreement has been entered into in accordance with this subsection, the industrial magistrate shall order that the proceeding be transferred for hearing and determination to the place agreed upon and shall grant necessary adjournments accordingly and transmit to the industrial magistrate at the place so agreed upon all documents relevant to the proceeding. (4) Subject to this section, the Justices Act1886-1978 shall apply and extend to a prosecution for an offence against this Act. 114. Recovery of wages and other money due to apprentice or trainee. '(1) Upon application made to an industrial magistrate by- (a) any apprentice, trainee technician or adult trainee; (b) the guardian of any apprentice or trainee technician; (c) an industrial union of employees on behalf of any apprentice, trainee technician or adult trainee, within 12 months after any money payable under this Act becomes payable to the apprentice, trainee technician or adult trainee- (d) for work done by him; (e) for any holiday, leave by way of annual holidays or sick leave;
62 Industry and Commerce Training Act 1979, No. 4 (f) otherwise howsoever, the industrial magistrate may order the person liable under this Act for payment of that money to pay to the apprentice, trainee technician or adult trainee any unpaid amount thereof earned or that became due within the 12 months last preceding the date of the application. The industrial magistrate may by his order impose such terms and conditions with respect to payment of the money ordered to be paid and may award costs in his discretion and assess the amount of costs so awarded. (2) An order under subsection (1) may be made notwithstanding any agreement to the contrary or for smaller payments express or implied between the apprentice or trainee technician and the person liable to make the payments. (3) Upon the conviction of a person for an offence that involves failure by him to pay any apprentice, trainee technician or adult trainee any money due to him under this Act, the industrial magistrate may, in addition to imposing a penalty, order payment by the defendant to the apprentice, trainee technician or adult trainee of all money payable that has become so payable within the 12 months last preceding the date on which the proceeding for the offence was instituted. (4) An order made by an industrial magistrate in accordance with this section whether upon application or by way of a proceeding for an offence shall be enforceable as if it were an order -made by an industrial magistrate sitting as a Magistrates Court and the provisions of the JusticesAct1886-1978 shall apply and extend accordingly. 115. Payment to industrial inspector or commission inspector of money due to apprentice or trainee . (1) Upon demand .made . by _ any industrial inspector or commission inspector in that behalf, an employer shall pay to him the amount of money due to any apprentice, trainee technician or adult trainee under this Act and remaining unpaid in respect of the period of 12 months last preceding the date of the demand. (2) An industrial inspector or commission inspector to whom money is paid in accordance with subsection (1) shall, at the time the money is paid, give to the person making the payment a receipt and that receipt shall be to the employer a valid discharge for the amount so paid. (3) This section applies whether or not the apprentice, trainee technician or adult trainee is in the employment of the person upon whom the demand is made at the date the demand is made. 116. Payment of money to clerk of the court . Where any apprentice, trainee technician or adult trainee terminates his employment with an employer without having been paid the full amount due to him in respect of such employment and the employer has been unable to make payment because the whereabouts of the apprentice, trainee technician or adult trainee are unknown to him and cannot after due enquiry and reasonable diligence be ascertained, the employer shall, upon the expiration of 30 days after the date of termination of employment, pay to the clerk of the court nearest his place of business the amount due to the apprentice, trainee technician or adult trainee and remaining unpaid and the clerk of the court shall deal with money so paid as prescribed.
Industry and Commerce Training Act 1979, No. 4 63 The receipt of the clerk of the court given to the employer under this section shall be a valid discharge to the employer for the amount of money paid by him. 117. Attendance of persons before Commission or committee. (1) The Commissioner or the chairman of an industry and commerce advisory committee, by notice in writing given by him, may require a person who is a party to any indenture of apprenticeship, trainee technician's agreement or adult training agreement to attend before the Commission or, as the case may be, such committee for the purpose of the investigation and determination of any matter with respect to the apprenticeship the subject of the indenture or the training the subject of the adult training agreement or trainee technician's agreement. (2) A person who attends in accordance with subsection (1) may be required to answer any question and to produce any document or writing in his possession that the Commission or committee thinks relevant to the investigation. (3) A person who fails to attend before the Commission or a committee after notice given in accordance with subsection (1) or who, having so attended, fails to answer any question put to him or to produce any document or writing that he is required to produce commits an offence against this Act. Penalty: $200. 118. Prohibition as to disclosure of information . (1) Subject to subsection (2), an inspector or other officer appointed for the purposes of this Actor a member of the Commission or of a committee constituted or appointed under this Act shall not disclose to any person information that he has acquired in the performance of his functions and duties. (2) Subsection (1) does not operate to prevent- the disclosure of information- (a) for the purposes of this Act and in the performance of functions and duties under this Act; (b) with the prior permission of the Minister; (c) ordered by a court or other duly constituted tribunal to be disclosed for the purposes of a proceeding before that court or tribunal. 119. Service of writings . A notice, order or other writing authorized or required by this Act to be given to or served upon any person shall be duly given or served if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it. 120. Offence by body corporate. (1) Where a body corporate commits an offence against this Act, each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly- (a) the person who at the time the offence is committed was the chairman of directors, managing director, manager or other governing officer by whatever name called or other member of the governing body thereof by whatever name called;
64 Industry and Commerce Training Act 1979, No. 4 (b) every person who at the time the offence is committed manages or acts or takes part in the management, administration or government of the business in Queensland thereof. (2) This section applies so as not to limit or affect in any way the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (3) It is a defence to a charge of an offence against this Act brought against a person specified in subsection (1) (a) or (1) (b) to prove that the offence was committed without that person's consent or connivance and that he exercised due diligence to prevent the commission of the offence. 121. Representation of parties at hearing . (1) Subject to subsection (2), a party to a proceeding under this Act may be represented at the hearing and determination thereof by his agent duly appointed in writing in that behalf. (2) Unless the parties thereto so agree, a party to a proceeding under this Act shall not be represented by counsel or solicitor. 122. Appeal to Minister . A person aggrieved by a decision of the Commission, the Commissioner, an industry and commerce advisory committee or a regional advisory committee on any matter arising under this Act may appeal against that decision to the Minister and the Minister- (a) may make a decision thereon; (b) may refer the appeal to an industrial magistrate. An industrial magistrate to whom an appeal is referred under this section shall hear and determine the appeal and his decision thereon shall be final and conclusive. The procedure upon an appeal pursuant to this section shall be as prescribed. 123. Appeal to Industrial Court. A person aggrieved by a decision of an industrial magistrate in the exercise of the jurisdiction conferred upon him by this Act, save a decision given upon a reference by the Minister in accordance with section 122, may appeal to the Industrial Court. A party to an appeal under- this section may- be represented:. by counsel or solicitor with the consent of all parties to the appeal or by leave of the Industrial Court. Proceedings upon the appeal shall be as prescribed by Rules of the Industrial Court or so far as not prescribed as that court determines. 124. Protection against liability. No act, - matter, thing, recommendation or decision done or made in good faith by- (a) the Minister; (b) the Commission; (c) a committee under this Act; (d) a member of the Commission or a committee under this Act; (e) an officer appointed under or for the purposes of this Act;
Industry and.. Commerce Training Act 1979, No. 4 65 (f) a person acting with the authority of the Minister, the Commission, a committee under this Act or officer referred to in subparagraph (e), for the purposes of this Act or in good faith and purporting to be for the purposes of this Act shall subject them or any of them or the Crown to any action, liability, claim or demand. 125. Evidentiary provisions . (1) In a proceeding for the purposes of this Act- (a) it shall not be necessary to prove- (i) the appointment of the Commissioner, any inspector or other officer appointed for the purposes of this Act or a member of the Commission, an industry and commerce advisory committee or a regional advisory committee; (ii) the authority of the Commissioner, any inspector or other officer appointed for the purposes of this Act to do any act, take any proceeding or give any order or direction; (b) a signature purporting to be that of the Commissioner, any inspector or other officer appointed for the purposes of this Act shall until the contrary is proved be taken to be the signature it purports to be; (c) an entry in a register required to be kept by or under this Act or a copy of or extract therefrom certified by the registrar shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (d) the absence of the name of a person from a register required' to be kept by or under this Act shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that person is or is not or was or was not registered as an apprentice or, as the case may be, other trainee under this Act; (e) a certificate signed by the registrar that a person is or is not or was or was not registered as an apprentice or other trainee under this Act shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters stated therein; (f) a certificate purporting to be signed by a person authorized to grant it shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (g) an allegation or averment in a complaint- (i) that any place is or that any act, matter or thing was done or omitted within a specified district; (ii) of the date on which the commission of an offence against this Act first came to the knowledge of the complainant, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment. (2) A facsimile signature purporting to be a facsimile of the signature of the Commissioner appearing on an indenture of apprenticeship, an assignment of an indenture of apprenticeship, a training
66 Industry and Commerce Training Act 1979, No. 4 agreement or a trainee technician's agreement shall, until the contrary is proved, be taken to be the signature of the Commissioner and be recognized and accepted for all purposes as his signature. 126. Apprentice not required to be member of union . An apprentice shall not be required or compelled by any person to become a member of an industrial union of employees. 127. Orders in Council . Section 28A of the Acts Interpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references to regulations were reference to Orders in Council made for the purposes of this Act. 128. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act for or with respect to- (a) applications by persons desirous of becoming apprentices, pre-apprenticeship trainees or adult trainees in apprenticeship callings or trainee technicians; (b) training courses required for apprentices, pre-apprenticeship trainees and adult trainees in apprenticeship callings or portions thereof and for trainee technicians; (c) the trade experience required to be given by an employer to an apprentice, adult trainee or trainee technician; (d) the enrolment for and attendance at courses of instruction and classes forming part of those courses by apprentices in apprenticeship courses, trainee technicians in trainee technicians' courses and adult trainees in adult training courses; (e) the period of apprenticeship to be provided in an indenture of apprenticeship with respect to each apprenticeship calling; the standard form of an indenture of apprenticeship and the covenants, terms and conditions thereof; (f) applications by employees other than apprentices, trainee technicians or adult trainees whose occupations require training who are desirous of undergoing such training; training courses required for such employees; work experience required to be given by an employer to such employees; enrolment for and attendance at courses of instruction and classes forming part of those courses by such employees; (g) all matters and things with respect to probation and probationers; (h) the provision of reduced periods of apprenticeship for persons who have satisfactorily completed pre-apprenticeship or pre-vocational courses and the prescription of such reduced periods; (i) the period of training required for an adult trainee with respect of each apprenticeship calling or for a trainee technician; the standard form for a training agreement and a
Industry and Commerce Training Act 1979, No. 4 67 trainee technician's agreement and the covenants, terms and conditions to be inserted therein; (j) the registration, variation, cancellation and assignment of indentures, training agreements and trainee technicians' agreements; (k) the registration of pre-apprenticeship trainees, pre-vocational trainees and other trainees; (1) the registration and cancellation of indentures of apprenticeship, training agreements and trainee technicians' agreements; (m) the provision for, regulation and control of the working of overtime by apprentices or trainee technicians in any calling; the rates of payment for overtime worked by apprentices or trainee technicians in any calling; the variation of those rates according to the year of the apprenticeship or training course; (n) the effect of a certificate issued to an apprentice, adult trainee, trainee technician or other trainee after completion by him of an apprenticeship or other course of training and the extent to which and the purposes for which that certificate shall be recognized; (o) the keeping and maintenance of records by employers, apprentices, trainee technicians and adult trainees; (p) the forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; (q) the fees payable under this Act and the fixing thereof; the purposes for which those fees are payable; (r) the fees, allowances and expenses to be paid- (i) to members of the Commission in respect of their attendance at meetings of the Commission; (ii) to members of industry and-commerce advisory committees, regional advisory committees and other training committees for attendance at meetings of their committees; (s) the procedure to be followed at an inquiry of any nature by the Commission; (t) the provision for and prescription of penalties not exceeding $20 in each case- (i) for breaches by apprentices of indentures of apprenticeship, by adult trainees. of training agreements or by trainee technicians of trainee technicians' agreements; (ii) for failure by apprentices, applicants for apprenticeships employed on probation, adult trainees and trainee technicians to enrol for or attend classes or to obtain instruction, and a requirement that employers deduct the amounts of such penalties imposed from the wages of apprentices, persons
68 Industry and Commerce Training Act 1979, No. 4 employed on probation, adult trainees or, as the case may be, trainee technicians and pay amounts so deducted to the Commission; (u) penalties not exceeding in each case $200 for a contravention of or failure to comply with the regulations; (v) the maximum number of apprentices or adult trainees who may be employed by an employer in an apprenticeship calling in proportion to the number of tradesmen employed by that employer in that calling; the maximum number of trainee technicians that may be employed by an employer; the variation of that number in a particular region by an industry and commerce advisory committee or the regional advisory committee for that region; provision for appeals to an industry and commerce advisory committee from a decision of a regional advisory committee varying that number in a particular region; (w) all matters required or permitted by this. Act to be prescribed where the manner of prescription is not specified; (x) all matters necessary or convenient to be prescribed for the proper administration of this Act or for better achieving the objects and purposes of this Act. The power to regulate conferred by this subsection includes the power to prohibit. (2) The regulations may be made- (a) to apply generally or to meet a particular case or class of case or subject matter; (b) to apply to a specified apprenticeship calling or group of callings; (c) to apply throughout the State or within any part of the State. A regulation may vary according to different apprenticeship callings. (3) The regulations may adopt wholly or partly -and either by reference or express specification therein any of the provisions of an award within the meaning of the Industrial Conciliation and Arbitration Act 1961-1976 or the Conciliation and Arbitration Act1904-1976 of the Commonwealth as amended or any Act in substitution therefor. FIRST SCHEDULE Year and Number of Act Short Title [s. 4] 1964 No. 56 1971 No. 54 .. . 1972 No. 18 The Apprenticeship Act of 1964 Apprenticeship Act Amendment Act1971 Apprenticeship Act Amendment Act1972
Industry and Commerce Training Act 1979, No. 4 69 SECOND SCHEDULE [s. 9] MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDUSTRIES A-A rating of "3" or more in English or English Expression, one Science subject and one Mathematics subject at Junior Certificate level. B-Completion of Grade 9 of the Queensland Secondary School Course. C-Completion of Grade 8 of the Queensland Secondary Shcool Course. Column 1 Industry Column 2 Calling Column 3 Standard of Education Aircraft Aircraft electrics Aircraft mechanics Ground engineering Metal machining, 1st and 2nd Class Sheetmetal working Template making Welding, 1st Class Wood machining Woodworking, 1st Class Bread baking and Bread baking pastrycooking Pastrycooking Boat building Boat building Boot Bespoke bootmaking Boot and shoe repairing Clicking .. Finishing .. Making . Stuff cutting Building Bricklaying Carpentry Carpentry and joinery Floor specializing Glazing Joinery . Joinery machining Leadlight working Painting Plastering (fibrous, solid) Plumbing Signwriting Signwriting (silk screen process) Tiling (roof) Tiling (wall, floor) C C
70 Industry and Commerce Training Act 1979, No. 4 SECOND SCHEDULE-continued MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDU STRIES---continued Column 1 Column 2 Column 3 Industry Calling Standard of Education Canvas goods making Canvas goods making C Clayworking Modelling Pottery .. C .. C Clothing .. Tailoring Coach and motor body building Car building Coach and motor body building Coach and motor painting Coach and motor smithing Coach and motor trimming Panel beating Wood machining Confectionery Confectionery C Cooking Cooking C Coopering Coopering C Dental Dental technicians A Electrical Electrical fitting Electrical mechanics Electrical mechanics (automotive) Electrical mechanics and fitting A A A A Electroplating Electroplating .. < C Engineering . Blacksmithing .. Boilermaking .. . . .. Coppersmithing .. .. Cycle mechanics Fitting .. Fitting and turning (automotive) Fitting (diesel and heavy earth-moving equipment) Fitting (instruments) Fitting and turning Fitting, turning and machining Machining .. .. .. .. Motor mechanics Mechanics (motor cycle and similar machines) Mechanics (light marine engines) Moulding A A A A B B B C
Industry and Commerce Training Act 1979, No. 4 71 SECOND SCHEDULE- continued MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDUSTRIES - - continued Column 1 Industry Column 2 Calling Column 3 Standard of Education Engineering- continued Patterninaking Refrigeration mechanics Turning .. A B A Furniture .. Hairdressing Cabinetmaking French polishing Glass bevelling Glass cutting and silvering Mattress (other than wire) making Mattress ( wire) making . . Picture frame making Upholstering Wicker working Wood carving Wood machining Wood turning Hairdressing ( gentlemen) Hairdressing ( ladies) C C Instrumentation Fitting (instrumentation) Leather Bag making (including clicking) Buggy saddle making Collar making . . Fancy leather working and sporting goods making Harness making (including strapping) Machine belt making Riding. saddle making Trunk and case making Meat Butchering .. Slaughtering . Smallgoods making Musical instrument making Musical instrument making Musical instrument polishing Musical instrument repairing , Class B Musical instrument tuning and assem- bling Musical instrument tuning and re- pairing, Class A Printing Bookbinding Bookbinding and guillotine machine operating C C C
72 Industry and Commerce Training Act 1979, No. 4 SECOND SCHEDULE -continued MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDUSTRIES-continued Column 1 Industry Printing-continued Radio Sawmilling Sheetmetal Shipwrighting Column 2 Column 3 Calling Standard of Education Composing machine mechanics Electrotyping Guillotine machine operating Hand composing Hand and machine composing (with instruction in the mechanism of slug-casting machines) Hand and machine composing (with instruction in the mechanism of type-setting machines) Letterpress printing Lithographic art and designing Lithographic camera operating Lithographic camera operating and lithographic platemaking (including photo-imposing on lithographic plates) Lithographic dot etching and re- touching Lithographic platemaking Lithographic platemaking and litho- graphic printing Lithographic printing Machining (flexible packaging printing) Paper ruling Paper ruling and guillotine machine operating Photo-engraving- (a) photo-engraving camera operat- ing and photo-imposing on metal (b) etching and finishing Rotary web-fed lithographic and letterpress printing (newspapers only) Screen printing Stereotyping Stereotyping and electrotyping B C C B B B B B B B B B B-- B C C C B B B B C C Radio and television mechanics Radio mechanics Television mechanics A A A Wood machining C Sheetmetal working C Shipwrighting .. C
Industry and Commerce Training Act 1979, No. 4 73 SECOND SCHEDULE- continued MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDUSTRIES - continued Column 1 Industry Column 2 Calling Column 3 Standard of Education Stonemasonry Stonemasonry Terrazzo floor laying C C Textile Knitting machine mechanics Loom tuning Sewing machine mechanics Wool combing C C C C Transport (Railways) Belt making Belt making and leather working Blacksmithing Boilermaking Bricklaying Cabinetmaking Canvas working Carpentry Carpentry and joinery Carriage building Carriage painting Carriage trimming Coppersmithing Electrical fitting Electrical mechanics Electroplating Fitting .. Fitting (interlocking) Leather working Motor mechanics Moulding Patternmaking Plumbing Polishing (French) Saw doctoring .. .. Scale making Sheetmetal working Spring making Tool making Turning Wagon building Watchmaking Wood machining
74 Industry and Commerce Training Act 1979, No. 4 SECOND SCHEDULE-continued MINIMUM STANDARDS OF EDUCATION, CALLINGS AND INDUSTRIES-continued Column 1 Industry Column 2 Calling Column 3 Standard of Education Typewriter and adding machine Watchmaking, jewellery and optical Cash register, adding, calculating, book-keeping and other similar machine mechanics Typewriter mechanics Die sinking and tool making , . .. Engraving Jewellery . .. Optical mechanics Optical instrument making and re- pairing Steel engraving Watchmaking and clock making B B B C C B A C B
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0